Description

An account of the accidents and qualities of a thing. Ayliffe, Pand. 60. A written account of the state and condition of personal property, titles, papers, and the like. It is a kind of inventory, but is more particular in ascertaining the exact condition of the property, and is. without any appraisement of it. iln Pleading. One of the rules which regulate the law of variance is that allegations of matter of essential description should be proved as laid. It is impossible to explain with precision the meaning of these words; and the only practical mode of understanding the extent of the rule is to examine some of the leading decisions on gous cases. With respect to criminal law, it is clearly established that the name or nature of the property stolen or damaged is matter of essential description. Thus, for example, if the charge is one of firing a stack of hay, and it turns out to have been a stack of wheat, or if a man is accused of stealing a drake, and it is proved to have been a goose, or even a duck, the' variance is fatal. 1 Tayl. Ev. § 233. Of Persons. Words identifying a person by reference to a fiduciary or official capacity, as "Executor," "Treasurer." Such a word, without more, is generally regarded as merely descriptio personae, and not as indicative of intention to act in the official or fiduciary capacity. See "Addition." Of Land. That part of a deed or other instrument that describes or identifies the property involved.

An account of the accidents and qualities of a thing. Ayliffe, Pand. 60. A written account of the state and condition of personal property, titles, papers, and the like. It is a kind of inventory, but is more particular in ascertaining the exact condition of the property, and is without any appraisement of it. In Pleading. One of the rules which regulate the law of variance is that allegations of matter of essential description should be proved as laid. It is impossible to explain with precision the meaning of these words; and the only practical mode of understanding the extent of the rule is to examine some of the leading decisions on the subject, and then to apply the reasoning or ruling contained therein to other analogous cases. With respect to criminal law, it is clearly established that the name or nature of the property stolen or damaged is matter of essential description. Thus, for example, if the or if a man is accused of stealing a drake, and it is proved to Lav.' b. en a even a duck, the va: fatal 1 Ev. § 233; Steph. Cr. Proa 177. The strict rule of pleading which formerly required exact accuracy in the description of premises sought to be recovered, has relaxed, and a genera] description b< be good. The provisions of state Btal as to the description of the and bounds have been held to be only tory, and a description by name i property is well known is often Glacier Mountain Silver Min. Co. v. Willis. 127 U. S. 480, 8 Sup. Ct. 1217, 32 L. Ed. 171'. See Boi.MiAUY.

1. A delineation or account of a particular subject by the recital of its characteristic accidents and qualities. 2. A written enumeration of items composing an estate, or of its condition, or of titles or documents; like an inventory, but with more particularity, and without invoiy~ ing the idea of an appraisement. 3. Anexact written account of an article, mechanical device, or process which is the subject of an application for a patent. 4, A method of pointing out a partienlar person by referring to his relationship tosome other person or his character as an officer, trustee, executor, etc. 5. That part of a conveyance, advertisementof sale, ete., which identifies the land intended to be affected.